GANTA JERMAIAH Vs. V PAUL HIMAMSU

JUDGEMENT

(1.) THIS application is filed praying for appointment of arbitrator under section 11 (6) (c) of Arbitration and conciliation Act, 1996 (Arbitration Act, for brevity) and under Section 23 of A. P. Societies Registration Act, 2001 (2001societies Act, for brevity ).

(2.) M/s. G. R. K. Ratnam Memorial educational Society is registered under the societies Registration Act, 1860 (1860 Societies Act, for brevity ). The applicant and respondents 2, 5, 6, 7 and 8 are founder members of the said society and they established educational institutions in telugu and English Mediums mainly for the welfare of minorities and weaker sections, which is the main objective of the society. An executive committee (EC)comprising M/s. Rudrapati Samuel John as President; V. Sahu as Vice-President; fifth respondent as Secretary-cum-Correspondent; r. Vijayamani as Joint Secretary; second respondent as Treasurer and respondents 6, 7 and 8 as members was constituted. By 2001, statedly significant progress was made in work of society. The applicant alleges that election was held on 4. 5. 2001 and first respondent was elected as President and respondents 4 and 5 were allegedly elected as Vice-President and Secretary-cum-Correspondent respectively. Mr. Vijayamani was chosen as Joint Secretary and second respondent as treasurer and Respondents 6, 7 and 8 were re-elected as members of executive committee.

(3.) THE applicant is closely related to respondents. Respondents 5, 6 and 8 are his sons and respondents 2 and 4 are daughters. First respondent is son-in-law and third respondent is grand daughter. He alleges that the respondents submitted copies of forged resolutions to the effect that in EC meeting held on 29. 6. 2003 resignation of applicant herein was accepted. This was done to take over the control of society. Thus, a dispute arose between applicant and respondents with regard to meeting on 29. 6. 2003.